Yesterday, the bylaw officer and fire offical inspected my non-conforming basement suite to determine if there was a development permit. I was slapped with a fine of $1,000 and asked to remove the tenant in 21 days. If I want to continue renting the suite then I need to apply for a permit.

Has anyone received a fine and asked to remove a tenant?

I never had been fined for an illegal basement. It seem so quick and without notification, was this your case?

They gave me a 2 week notice for the inspection.

Perhaps they are getting more strict with enforcement. I suppose the 1000 isn't too bad relative to the development/and permit fees. It's like 2000-2500 dollars (usually 10% ) of the total project cost for me.

Is the property in Edmonton or Calgary?

The Edmonton inspectors for our legal suites the last two have mentioned that Edmonton is working hard to fine and shut down illegal suites... If they find out that you have a suite (neighbour or real estate ad, even rental ads have been used) they may come....

Property is in Edmonton

I had a similar situation once, but the notification was months and tenant could stay , if feasible. In the end, ending the tenancy was just logical and more convenient.

You can begin the process to make your suite conforming. This can take two trajectories, depending on whether your current zoning allows for secondary suites or not.

If your property is zoned for secondary suites, you can simply apply for a development permit and building permit. If you do not have zoning for a secondary suite, you would need to have the property rezoned in order to make your suite conforming.

You can find out what zone your property is in, my visiting Edmonton Maps (http://maps.edmonton.ca/map.aspx). Once you have entered the site, use the “Locate” tab, then select “Zoning”, then “Locate Title by Address.”

Here are the zoning bylaws: http://webdocs.edmonton.ca/InfraPlan/zoningbylaw/bylaw_12800.htm

Note that secondary suites are generally not allowed in semi-detached properties. Most detached single family homes can be eligible for secondary suites or garden suites. The bylaw specific to secondary suites can be found here: http://webdocs.edmonton.ca/InfraPlan/zoningbylaw/bylaw_12800.htm

Also note that there are often overlays that modify the underlying zoning. You'll need to check if your property is subject to an zoning overlay.

WITH FAVOURABLE ZONING

Here's what you'll need:

1. If your zoning is favourable, you'll still need to get a development permit and building permit. Some info here: http://www.edmonton.ca/city_governm...ndary-suites-garage-suites-garden-suites.aspx

2. Your suite will need to conform to all fire and safety regulations. This may involve renovations, depending on the configuration of your suite: http://www.municipalaffairs.alberta.ca/documents/ss/1217_Secondary_suite_standards.pdf

WITH REZONING

We are currently in the process of rezoning a 4-plex to make the suites conforming. I suggest that you connect with the planning department to explore this. There is a substantial fee to apply for rezoning, so you'll want to know you have a good shot at success before you begin. The main criteria are:

1. You will need to send notice out to all of your neighbours. The planning department will guide you through this process. If there is strong objections from the neighbourhood, that may become an issue. In our case, every single neighbour was in favour. Another reason it is good to keep relationships healthy with your neighbours.

2. Your suites will need to meet all the requirements of the safety and fire codes as above.

3. At the end of the whole process you have to go in front of City Council for approval. They are going to weigh the neighbourhood's response to your application. They are also going to consider the planning department's advice. In conversation with the planing department, they can't tell you for sure what they will advise, but you can get some indication. If they tell you approval is highly unlikely, you may want to reconsider the application early on.

I am a renter. I have had to move 6x in 3 years because of illegal suites. I am all for you getting fined. I have had to put up with slum landlords, unreasonable landlords, obsessed landlords and landlords who refuse to repair what needs to be repaired.
If you rent, you should be forced to take a course in the Residential Tenancy Act and Landlord and Tennant Advisory board. You need to pay your taxes and have the suite properly inspected.
Why should I have to continually move, lose money, and constantly be inconveienced because you break the law. And then I have to start all over again! Not only that but it doesn't exactly look good on my resume for the next landlord to wonder why I've moved so often.

What Antoine has described above is accurate. Although the zoning and application description are more applicable for commercial property or larger redevelopment, the process is different for single family homes. Legal basement suites are permitted throughout the city with only minor exceptions. So pay the fine, evict the tenant. Go to the the city's website and fill out the legal suite form. There may be some exceptions you get in the development if you have a pre-existing suite vs. a brand new suite. But low ballpark if you need another furnace, legal egress, and drywalled ceilings is $20,000 - $25,000. To get the process moving along, you can pull electrical, plumbing permits as you need to get the work done, the DP and BP are issued simultaneously but the city are not sticklers that BP and DP are required before any construction commences.

For other landlords who own illegal suites, I've said this on this forum many times that you do not have an investment property with an illegal suite, you have an unfunded liability.

@Susan Bergunde you have a very good point. Thanks for your commentary. I see it too often on this forum the talk about "doors" and ROI and using other people's money and not nearly enough on what it takes to create good housing as we are in the housing business first. Susan, note that before you rent, you can actually view if the suite was legally installed using the city of Edmonton zoning map.

I too have received 2 - 1000 fines. In the past they would just give me a notice to legalize but in the summer I was fined.

Susan Bergunde said:

I am a renter. I have had to move 6x in 3 years because of illegal suites. I am all for you getting fined. I have had to put up with slum landlords, unreasonable landlords, obsessed landlords and landlords who refuse to repair what needs to be repaired.
If you rent, you should be forced to take a course in the Residential Tenancy Act and Landlord and Tennant Advisory board. You need to pay your taxes and have the suite properly inspected.
Why should I have to continually move, lose money, and constantly be inconveienced because you break the law. And then I have to start all over again! Not only that but it doesn't exactly look good on my resume for the next landlord to wonder why I've moved so often.

Click to expand...

Susan, I'm very sorry for what you have been put through. REIN members go through many courses and training and we encourage our members to treat all their tenants with respect and always abide by the rules of their provinces. Our tenants are our clients and we respect and follow the rules. I hope you are now in a better home and have a landlord that not only cares about the rent, he cares about you.
Have a wonderful day.

GLAD to see you got a fine! People like yourself that illegally rent put EVERYONE at risk and deserve wayyy more than $1000?
Imagine this ,Two stoves both at 50 amps each working at the same time on a 100 amp panel, Can you say FIRE!!!!! I am an electrician by trade and I also live in Edmonton in a newer area and I am seeing these rentals pop up in my neighbourhood all the time. I do my best to contact the city and shut them down.Usually its only one person in the basement BUT they also take up valuble parking space on the street.
.I really wish CRA (Canada Revenue Agency) would step up to the plate and also impose a fine on illegal rental. Just remember people ,If you are paying house insurance and the insurance company finds out "YOU" have been illegally renting you are S#$T out of luck for collecting squat when and if the time comes. Dont believe me? Call your insurance company and ask them?
I hope those that oppose this message rethink their ILLEGAL RENTAL idea and go the LEGAL route!

The city of Edmonton is working hard to remove all the illegal/non-permitted dwellings.
Here's a link from about a year ago:
https://edmontonjournal.com/news/lo...gistry-so-renters-neighbours-know-whats-legit
From that news article, here's a link to the city's site for the legal suite registry:
https://data.edmonton.ca/Sustainable-Development/Secondary-Suites-Completed-Permits-/q3qs-7g3d

If the suite is more or less safe and has been in existence a long time, you may be approved for grandfathering, which i believe is to the 2014 fire safety code. If its obvious the basement was developed in the recent past, without permits, then the city can make you start a new application for newly developed basement suite, which means 2019 building safety codes and alot more money.

My advice for clients is to only buy legal suites, or at least be prepared to legalize the suite if you buy non-conforming.